JUDGMENT

A. S. NAIDU, J. — This application is filed invoking jurisdic¬tion under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, the ‘Code’), inter alia, praying to quash the order of cognizance dated February 1, 1999, passed by the learned Sub-Divisional Judicial Magistrate, Berhampur, in G. R. Case No. 1160 of 1997.

2. The moot point which needs determination in the present case is, as to whether in the absence of a complaint as stipulated under Sec. 198 of the Code, there is any scope for taking cogni¬zance under Sec. 494 of the Indian Penal Code (in short ‘I.P.C.’). For appreciating the position of law, facts, which are verymuch necessary, are set herein below.

3. On the basis of an information lodged by Manjulata Padhi before the Officer-in-charge, Mahila Police Station, Berhampur, P. S. Case No. 57 of 1997 was registered against the petitioner for offences punishable under Sec. 498-A, 494 read with Section 34 of the I.P.C. which was subsequently converted to G. R. Case No. 1160 of 1997 in the Court of the Sub-Divisional Judicial Magis¬trate, Berhampur.

In the F. I. R. the informant alleged that she had married the petitioner on July 6, 1992 as per the Hindu Rite